Why a McCain Nomination is Good for Gays – and a Presidency May be Better

by Casey Pick | February 20th, 2008 |

What I am going to say may seem counter-intuitive, but hear me out. No, John McCain is not as good on many gay issues as the leading Democratic candidates, who at least pay lip service to gay issues like ENDA and relationship recognition, and who did show up to LOGO’s debate last year – but John McCain’s nomination as the GOP candidate for president is very good news for GLBT Americans, and his presidency would be even better.

Since the end of the Reagan presidency and the fall of the Berlin Wall, a war has been on for the soul of the Republican Party. The alliance between social conservatives (voters motivated by “the culture wars”) on one hand, and conservatives whose main issues are fiscal policy, national security and personal liberty on the other (often called moderates), has become unstable – and for much of W’s tenure, the culture war conservatives have been ascendant. Not for nothing was it often said that a moderate candidate could not gain the GOP nomination because “he’d never get through Iowa.”

And yet, here we are, with John McCain, the senator so known for bucking his party’s line that he’s been tagged with the term “maverick,” as the presumptive GOP nominee – and that he got there tells us a lot about changes in anti-gay attitudes among the Republican rank and file.

Some background on McCain: he not only twice voted against the Federal Marriage Amendment, he spoke eloquently against it as unconservative and unnecessary – a risky move for a Republican with presidential aspirations. When fellow Arizona lawmaker, Representative Jim Kolbe, came out in 1996, McCain stood up for him, saying that Kolbe “has the respect and appreciation of most Arizonans.” McCain has met with the Log Cabin Republicans openly, and his staff includes openly gay individuals. And, of course, he once famously referred to the religious right as “agents of intolerance.”

Many will note that Mac has recently made some moves back to the right – speaking at Falwell’s Liberty University and the anti-gay robocalls in FL come to mind, though it is a good sign that McCain is reported never to have seen the script, and senior staff stopped the calls almost immediately.) But what few have noticed is what he hasn’t done. At Liberty, he was upfront that he didn’t always agree with social conservatives, but that what mattered were the things they had in common. He did not back down from his positions, even in the lions’ den - but he did reach out to the other side, a valuable trait in a president. Similarly, speaking before CPAC after Super Tuesday, the annual gathering of hardcore conservatives who are most skeptical of his candidacy, McCain did not gay-bait, not even in code (ht: the Malcontent). The words “traditional” and “family” never left his mouth. His references to God were minimal, coming either in his concluding “God bless you,” or in discussion of our God/Creator-given rights – basically, he took his tone from our Founders, and that’s a good thing. In what was the most tempting forum to pander to the right by using the old “smear the queer” tactics, he did not do so. If he didn’t attack us there, he won’t attack us in the general election or in his administration – and that’s something worth noting.

And social conservatives have noticed – James Dobson of Focus on the Family, who as recently as 2004 was being hailed as the Republican king-maker, has declared that he cannot and will not vote for McCain in the general election. While “the enemy of my enemy is my friend” is often too simplistic, I can’t help but think that in this case, it’s true. Dobson sees the writing on the wall – a McCain nomination represents a triumph of the moderates in the party, and the marginalization of his fundamentalist demographic – and when the Religious Right loses sway with the GOP, that is good for GLBT Americans.

And a successful McCain candidacy would be better.

McCain getting the nomination is a good sign for the state of the party today, showing that most of the GOP doesn’t demand a gay-basher as its flag-bearer, but as Huckabee’s ongoing candidacy shows, McCain doesn’t have an iron grip on the party – and many will take a loss in November as evidence that Republicans can’t win by running moderates. This hope has within it the seeds for its own destruction, because the pendulum could so easily swing the other way. But if we believe that the arc of history tends toward justice, then it should take a lot to bend things back in the direction of discrimination. And at the very least, John McCain will have to run a very different kind of campaign than George W. Bush did in 2004 – to win, McCain will have to reach out to independents and moderate democrats. Polarization as embodied by the Rove strategies only hurts him – almost as much as it hurts the country.

John McCain is a good candidate for gay people for reasons beyond what he represents as potential leader of the Republican Party. Jonathan Rauch (renowned libertarian scholar and author of Gay Marriage: Why it is Good for Gays, Good for Straights, and Good for America) argues that McCain is a tonic for the GOP specifically and the partisanship that has plagued Washington for the last decade more generally. Unlike Obama, whom my esteemed friend Brian supports for the democratic nomination, McCain has an extensive track record of working across the aisle to solve problems, from the Gang of 14 compromise on judicial nominations, to working with Ted Kennedy on immigration reform, to his well-known partnership with Joe Lieberman on a variety of issues. Where Obama claims to be a force for bipartisan unity (while never referencing his record as one of the most liberal members of the Senate), McCain is the real deal.

And that same willingness to reach across the aisle is the best thing for gay Americans in a McCain administration. Take “Don’t Ask, Don’t Tell” for example. Yes, McCain has expressed some support for the policy (though it scarcely seems heartfelt) and voted for it back in the early 90s. But he is the only candidate running with a good chance of ending that wrong-headed and expensive “compromise.” When Bill Clinton tried to allow gay and lesbian soldiers to serve openly, he created a firestorm of criticism from the military establishment. “Who was this guy, this liberal who had never worn a uniform, to change or criticize military culture?!” they fumed. Well-intentioned as it may have been, Bill Clinton came across as somebody who wanted to use the military for social experimentation as a means of pandering to his far-left base, and he simply didn’t have a leg to stand on – and neither would Hilary or Obama. John McCain, on the other hand, is a veteran, a war-hero from a profoundly military family… the Pentagon could never attack him as not understanding military culture. Like Nixon going to China, it may well be that only a Republican veteran can change this policy. While I don’t foresee McCain pushing for this change himself (again, Obama and especially Clinton realistically won’t go there, either), if a Democratic Congress finds the will to actually pass a bill (ironically more likely with a GOP president, since they might believing signing the bill would hurt him politically with his base), it is unlikely that McCain will veto it, not with polls showing that 79% of the populace support allowing gays to serve openly, and the fact that he must have served alongside gay soldiers in Vietnam himself. It is to his shame that he did not support these soldiers before, but as a generally honorable man, I suspect he would take advantage of the opportunity to correct this error in the future. Similar arguments could possibly be made for ENDA and hate crimes, which he last voted on 12 and 8 years ago, respectively. Divided government has a way of getting things done that one party doesn’t necessarily want complete credit for, and it would be interesting to see what the Democratic majorities would try with McCain in office.

On the issues, it is true that the Democratic candidates offer more in the way of direct support of our positions – but a McCain presidency offers the chance for something much more valuable: an American political world in which neither party relies on anti-gay animus for success. A Republican leader with a long history of talking to gay groups and supporting gay individuals. And a return to the political center, a place that is every day becoming more friendly to GLBT Americans. Now that’s a change I can believe in.

Casey PickAbout the Author: Casey Pick
Casey Pick, 23, is a resident of Los Angeles where she is a second year student at the UCLA School of Law. A graduate from Claremont McKenna College with a degree in Government, Casey's resume includes several years' involvement with the National Log Cabin Republicans, legal work at an elections law firm in Los Angeles, and being a co-director in the 2007 Soulforce Q "Right to Marry" campaign in New York State. She can be reached at CaseyPick 'at' gmail 'dot' com.

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  1. 5 Responses to “Why a McCain Nomination is Good for Gays – and a Presidency May be Better”

  2. John McCain supports a draft, though he acknowledges that it is “politically unfeasible.”

    Remind me again how he is “pro-liberty”?

    John McCain rabidly opposes gay marriage, voted for federal DOMA and actively supported the failed Arizona bigot amendment.

    Remind me again how he doesn’t “gay-bait”?

    John McCain wants to balloon the military, bomb Iran and stay in Iraq — possibly for 100 years.

    (Among other concerns) how is that being a “fiscal conservative”?

    McCain has pledged to nominate Supreme Court justices and federal judges comparable to Roberts and Alito. This would be good for gay rights — how?

    You are entitled to your own opinion. You are not entitled to your own facts.

    For more, see here.

    By KipEsquire on Feb 20, 2008

  3. I don’t buy this. For starters, I don’t think that ANY Republican President would be good for the LGBT community for one simple reason: court appointments. Look at the makeup of the Supreme Court and tell me that someone who has pledged to appoint more so-called “strict constructionists” in the mold of Scalia is the person LGBT people would want to potentially replace Justice Stevens or Justice Ginsberg.

    Besides, if McCain won the presidency, do you honestly think that the Republican party would completely change its tune or undergo some kind of internal revolution? They’d have no reason to — they’d have won, and they’d take it as a vindication of their current policies and positions.

    So I’ll propose another strategy: Let’s give the Republicans an electoral thrashing of a lifetime — up and down the boards. Make them crawl back into a hole and reinvent themselves like they did after Goldwater. Only then do I think we’d see a more moderate, rational, and sane party emerge.

    By Mark on Feb 20, 2008

  4. And how is strict constructionism bad for gay rights? It’s actually good, for many reasons:

    1. Interpretation of the Second Amendment as an individual right empowers gay people to arm themselves against hate attackers.

    2. DOMA violates the full faith and credit clause of the Constitution, and judges who interpret that clause literally will have to strike down DOMA.

    3. A strict interpretation of the Constitution necessarily limits the scope of government power, which has historically been used to oppress gays.

    By Jerry on Feb 21, 2008

  5. Jerry… I have to agree that strict constructionism, on at least some levels, could be good for LGBT Americans. However, strict constructionism could also lead to a weakened federal government in times of need. Generally, I do believe the federal government is too big and too powerful. On a more specific note, though - one that relates to government protection of liberties and life - we know all too well that sometimes it does take the federal government to step in and make things right (think Civil Rights Movement, calling in the National Guard in Alabama and so forth).

    Casey, I have to agree with Kip. McCain is so wrong and so many other issues for me, that it doesn’t really matter how meek he presents himself on LGBT rights. And, as Kip said, if McCain really was that gay-friendly and inclusive, he wouldn’t have voted for the (unconstitutional) DOMA nor would he have supported the Arizona amendment. But I’ll give you credit when and where it is due: I think you may be right about the Republican Party slowly, but surely, changing. GOP could have certainly gone with Huckabee, and continued their hate-laced diatribes against all LGBT people, but that hasn’t happened.

    On the other hand, could someone tell the Republicans to stop insinuating Edwards is gay and that Obama is having an affair with him. That has to be the MOST ridiculous, immature and childish thing I’ve ever heard.

    By Matt Comer on Feb 21, 2008

  6. Jerry: Even presuming that strict constructionism IS something more than an conveniently nebulous wrapper for certain political philosophies, and even presuming that the founding fathers drafted a constitution under a common law system of law but wanted to freeze the development of the law in 1790 without ever bothering to explicitly say so, let’s try it out on your points:

    1. Being armed won’t allow you to claim a same-sex spouse on your income tax return, nor will it compel the state to recognize you for inheritance purposes. I suppose it might let you visit your injured spouse in a hospital, but you might run afoul of some other, criminal laws in the process.

    But all that is academic, since presumably convicted felons would not be allowed to own guns. And under the “strict constructionist” view of the right to privacy, sodomy laws would still be legal and sexually active gays and lesbians would be felons.

    2. The original intent of the full faith and credit clause was to ensure that states recognized the acts of other states as valid. It does not necessarily require them to enforce those acts, and has in fact been held not to apply when the act of one state is against the strong public policy of another. Besides, if you read the next sentence, Congress is granted power to regulate how that those acts will be proved and recognized. Check out the Defense of Marriage Act of 1996 to see how that would play out for LGBT people. Or any disfavored minority, for that matter.

    3. Even if we buy your assertion that adopting a judicial philosophy that shows authoritarian traits would necessarily limit the scope of government power, we’d still have two other problems. First, such an approach would tend only to limit FEDERAL government power, leaving broader discretion to the states to go their own way, which is probably an increasingly bad idea in a modern, highly interconnected society like ours. And second, who says government is primarily responsible for oppression of gays? What if government is simply expressing the extreme distaste that the people hold, often rooted in their religious beliefs? If you decreased the power of government but in the process increased the power of the church over society, would that necessarily help LGBT people?

    In my experience, that answer would generally be a big “no.”

    By Mark on Feb 21, 2008

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